News & Publications

In a recent case, E. Fork Funding LLC v. U.S. Bank, Nat'l Ass'n, the United States Court of Appeals for the Second Circuit has certified a novel question for the New York Court of Appeals ("NYCOA"): Whether Sections 4 and/or 8 of the Foreclosure Abuse Prevention Act ("FAPA") apply to a unilateral voluntary discontinuance of a mortgage action taken prior to the Act's enactment. In other words, will FAPA apply retroactively to dismiss cases where lenders [...]

Recently, Massachusetts revised its homestead law to increase the amount of protection for homeowners. There is still an automatic protection of $125,000 in Massachusetts without the need for filing a declaration of homestead with the Registry of Deeds. However, under the revised law, homeowners in the Commonwealth who file a declaration of homestead qualify for protection of the value of the home up to $1,000,000 against unsecured creditors. This is an increase from the $500,000 [...]

Beginning on January 1, 2025, amendments to the New York City Human Rights Law (HRL) will go into effect, making it unlawful for all New York City housing owners, lessors, managing agents, and others who have the right to sell, rent, or lease housing accommodations to: Refuse to rent, lease, approve the sale, rental, or lease or otherwise deny or withhold a housing accommodation from an individual. Provide different terms, conditions, or privileges of the [...]